The Surrey and Borders NHS Foundation Trust found that around 30% of women would describe the birth experience as traumatic, with post-traumatic stress disorder affecting around 1 in 25 women following birth. For some new mothers, the experience of having a child turned from an exciting stage of life to an anxious, frightening birthing process.
We understand that suffering a traumatic birth can have lasting effects on both your physical and mental health, as well as the psychiatric impact on your partner, but our panel of solicitors have decades of experience in winning birth trauma compensation for our clients.
Our guide explores how you could be eligible for birth trauma compensation, what you could be compensated for, and how the No Win No Fee solicitors on our panel could help you.
Contact Us
To discuss your birth trauma claim, receive free advice and potentially be connected with a solicitor, you can contact our advisors by:
- Calling us on 0800 408 7825
- Filling out our online contact form
- Using our live chat
Frequently Asked Questions
- Can I Make A Claim For Birth Trauma Compensation?
- Can My Partner Claim For The Effects Of Birth Trauma?
- How Much Birth Trauma Compensation Could I Get?
- What Is Classed As Birth Trauma?
- How Can I Know If I’m Suffering From Birth Trauma?
- Examples Of The Most Common Types Of Birth Trauma Claims
- Starting A Birth Trauma Compensation Claim
- Get Help From Public Interest Lawyers
- Learn More
Can I Make A Claim For Birth Trauma Compensation?
In order for you to be eligible to claim birth trauma compensation, you must prove that medical negligence occurred. Medical negligence is when:
- A medical professional owed you a duty of care
- This duty was breached
- The breach led to you suffering unnecessary harm (such as birth trauma)
In any medical setting, you are owed a duty of care by all medical professionals who treat you. Their duty is to provide the minimum standard of care expected of them. If they fail to uphold this by providing substandard care, and this causes you to suffer harm that could have otherwise been avoided, they could be liable for medical negligence.
Can My Partner Claim For The Effects Of Birth Trauma?
If you were in the room while your partner experienced a traumatic birth, you may have been affected mentally by this or the aftermath of the birth.
To see if you could potentially be eligible to claim compensation for the psychological harm you expereinced, please contact our advisors.
How Much Birth Trauma Compensation Could I Get?
The amount of birth trauma compensation you could receive depends on a number of other factors such as:
- What harm you suffered
- The severity of the physical or psychological harm suffered
- Whether you also suffered associated financial losses
Should you make a successful claim, general damages will be awarded to you as part of your birth trauma compensation. This head of loss compensates you for the physical and psychological harm you have suffered.
Those valuing this head of loss might refer to the Judicial College Guidelines (JCG), which is a document with different injury types alongside guideline compensation brackets for each.
Our table below shows figures taken from the JCG. Please note that the first entry has not been taken from the JCG, and these compensation figures are guidelines only.
| Injury | Severity | Compensation |
|---|---|---|
| Multiple Severe Forms of Harm + Special Damages | Severe | Up to £1,000,000+ |
| Bowels | (a) Double incontinence | Up to £224,790 |
| (b) Total loss of natural function | Up to £183,190 | |
| (c) Passive incontinence and faecal urgency | In the region of £97,530 | |
| Female Reproductive System | (a) Infertility by disease or injury | £140,210 to £207,260 |
| (b) Sexual dysfunction | £52,490 to £124,620 | |
| (c) Infertility with no aggravating features | £68,440 to £87,070 | |
| Bladder | (b) Complete loss of function | Up to £171,680 |
| (c) Seriously impaired control | £78,080 to £97,540 | |
| Psychiatric Damage | (a) Severe | £66,920 to £141,240 |
| (b) Moderately Severe | £23,270 to £66,920 | |
| Post-Traumatic Stress Disorder | (a) Severe | £73,050 to £122,850 |
| (b) Moderately Severe | £28,250 to £73,050 |
Contact our advisors today to learn more about how compensation is awarded in medical negligence claims.
How Can Compensation Help Me Deal With Birth Trauma
Compensation after suffering birth trauma could help you with feeling a sense of justice after suffering from the negligent actions of a medical professional.
Additionally, it could help with compensating you for any associated financial losses you have suffered. These would be compensated under special damages. Some examples may include:
- Travel expenses
- Medical expenses
- Loss of earnings.
Below, we detail additional costs you could claim for.
Therapy And Counselling
After a traumatic birth, dealing with the mental impact alone can be isolating and difficult.
Here at Public Interest Lawyers, we are here for you, whether the effects are physical or psychological. The solicitors from our panel can help during your rehabilitation and recovery stage.
Our panel works alongside medical professionals, such as occupational therapists and psychiatrists, who could aid you in your recovery.
Any therapy or counselling fees you have had to pay as a result of medical negligence could be compensated under special damages.
What If I Can No Longer Work?
If, unfortunately, your injuries have left you unable to work, you might be able to claim for loss of earnings as part of your special damages.
If you have payslips or wageslips to demonstrate what your salary was, and have medical records to demonstrate how your injuries have left you unable to work, then you could claim for this.
Childcare
You might be suffering from severe PTSD and recovering from ongoing injuries caused during birth. This can necessitate the need for childcare, especially if you have to return to work or you’re unable to care for your children whilst experiencing crippling mental or physical health issues.
Childcare costs can be expensive and your special damages can also include the childcare costs you have.
If you instruct a solicitor from our panel, they would assist you in gathering the supporting evidence you would require to claim for special damages.
To learn more about birth trauma compensation, contact us today.
What Is Classed As Birth Trauma?
Birth trauma is defined as either physical or psychological distress which has been caused by giving birth. This can be caused by prolonged labour or medical intervention such as the use of forceps.
In some cases, as we’ve previously mentioned, this can later develop into PTSD following the birth, causing lasting effects.
Below, we will explore both examples of physical and psychological birth trauma.
Physical Birth Trauma
Physical effects of a traumatic birth can have impacts on both the mother and the baby.
The mother might have endured physical injuries such as:
- Ruptured placenta – where the mother’s placenta detaches from the uterus wall, potentially causing internal bleeding. This can also affect the amount of oxygen the baby receives during the birth.
- Nerve damage – in some cases, women will suffer nerve damage to the perineal area, causing pelvic pain. This can sometimes also impact the bowel and bladder, causing irritation and potential loss of function.
These are not the only ways that a mother may have been injured physically during the birth. So, if your birth trauma experience differs from the examples we listed above, for example, if you have suffered perineal tears, we could still help you.
Psychological Birth Trauma
The symptoms of psychological birth trauma can be:
- Emotionally withdrawn, numb or isolated
- Anxiety symptoms
- Post-natal depression
- Feelings of guilt
- Fear of getting pregnant again
- Feeling disconnected from your baby
- Post traumatic stress disorder
These feelings can be difficult to manage and can feel really isolating. Our team are here to support you and help you start taking the steps to claim birth trauma compensation.
We’re here to help you every step of the way, and you can be assured that you’re in experienced hands if you choose to work with us at Public Interest Lawyers.
How Can I Know If I’m Suffering From Birth Trauma?
There is a range of different symptoms associated with experiencing birth trauma. Some of the most common are:
- Reliving the birth experience, and suffering crippling anxiety
- Alertness or feeling on edge
- Difficulty sleeping or insomnia
- Unable to remember the events of the birth
- Avoidance of thinking about the birth
- Irritable or aggressive behaviour
These symptoms are the most common ones associated with birth trauma, although the list is not extensive. We understand that each person’s experience of birth can be varied, so we are here for you no matter the symptoms.
Contact us today to talk with one of our friendly advisors about your claim.
Examples Of The Most Common Types Of Birth Trauma Claims
As we explored above, birth trauma can unfortunately arise either as physical injuries or have a mental impact. In a recent freedom of information request from NHS Resolution, which is the body responsible for clinical claims, it was found that between 2019 and 2023, there were:
- 471 claims were made for a stillbirth.
- 443 claims were made for unnecessary pain – for example, if forceps were used when they did not need to be.
- 379 claims for psychological or psychiatric damage to the mother.
- 112 bladder damage claims – if the birth has been an instrumental delivery, this can cause trauma to the pelvic floor as well as the bladder.
- 94 bowel damage claims – this can cause bowel incontinence in severe cases. This happens either when there is a tear to the anal syphincter or nerve damage to the muscles controlling bowel movements.
These are not the only examples of birth trauma compensation claims, but they show a glimpse at the number of clinical claims against the NHS for birth injuries.
Contact us today to discuss your own birth trauma compensation claim.
Starting A Birth Trauma Compensation Claim
For any compensation claim, such as a birth trauma compensation claim, you generally have 3 years to start the claiming process. This runs from the date of the medical negligence occurring or the date of knowledge (when you became aware of the medical negligence). This time limit is established by the Limitation Act 1980. There are also exceptions to this time limit that our advisors can discuss with you.
As well as ensuring your claim is started within the time limit, an important part of the claims process is gathering evidence. Your evidence in birth trauma compensation claims is used to demonstrate the medical negligence took place.
Your evidence could be things like:
- Medical records detailing your symptoms and treatment.
- The contact information of anyone present during the birth or the aftermath.
- A diary detailing your physical and psychological symptoms.
- Any correspondence with the medical institution where you gave birth
Our panel of expert solicitors can help you gather this and any additional evidence to support your claim.
To find out more about time limits, evidence or suing a doctor for medical negligence, contact our team.
Get Help From Public Interest Lawyers
Here at Public Interest Lawyers, our panel of solicitors have years of experience in birth trauma compensation claims. Our panel of solicitors also work on a No Win No Fee basis, under a Conditional Fee Agreement (CFA).
The benefit of this type of arrangement is that it offers a way of funding the work of your solicitor. A CFA claim means you wouldn’t be required to pay for your solicitor’s service fees at the beginning or during your claims process. You will also not need to pay for their completed work if the claim is not a success.
Instead, if your claim were successful, a percentage of your compensation would be taken at the end as a success fee. The percentage of this fee is legally limited, meaning you will keep the majority of your compensation.
Our panel of solicitors could help you with:
- Understanding your claims process
- Gathering supporting evidence to claim birth trauma compensation
- Arranging an independent medical report to ensure you are compensated properly for your injuries
- Negotiating a suitable settlement amount for you
Contact Us
We hope our guide has been useful for you today. However, to learn more or discuss the first steps of your claim, you can contact us through:
- Calling us on 0800 408 7825
- Filling out our online contact form
- Using our live chat
Learn More
Why not read our other guides on:
- How to claim for negligent surgery
- Learn when you could make a cosmetic surgery claim
- How to claim for testicular cancer misdiagnosis
Helpful External Resources:
- Advice for mothers dealing with postnatal PTSD or birth trauma – from the charity Mind
- How to claim Statutory Sick Pay from GOV.Uk
- Advice on maternity pay – from GOV.Uk
Thank you for reading this guide on birth trauma compensation claims.